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[Cites 15, Cited by 0]

Punjab-Haryana High Court

Union Territory Chandigarh And Anr vs P.O. Industrial Tribunal & Labour Court ... on 23 September, 2014

Bench: Satish Kumar Mittal, Arun Palli

                  LPA No.891 of 2014(O&M)                                        -1-


                          IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                          CHANDIGARH

                                                   LPA No.891 of 2014(O&M)
                                                   Date of Decision:23.09.2014

                  Union Territory Chandigarh and another
                                                                     ... Appellants
                                               Versus
                  Presiding Officer, Industrial Tribunal and Labour Court, U.T.
                  Chandigarh and another
                                                                ... Respondents


                  CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
                         HON'BLE MR. JUSTICE ARUN PALLI

                  Present:     Mr. Sanjiv Sharma, Senior Advocate with
                               Mr. Shekhar Verma, Advocate,
                               for the appellants.

                               Mr. Baldev Raj Mahajan, Senior Advocate with
                               Mr. Amit Kaith, Advocate,
                               for respondent No.2.
                                                   *****
                                1.Whether reporters of local papers may be allowed
                                  to see the judgment?
                                2.To be referred to the reporters or not?
                                3.Whether the judgment should be reported in the
                                  digest?
                                                   *****

                  ARUN PALLI, J.

Vide this order, we shall dispose of Letters Patent Appeals No.892, 893, 894 & 793 of 2014 and Civil Writ Petitions No.16636 to 16812, 18155 to 18180, 13677, 13685, 13717, 13725, 13730, 13735, 13742, 13743, 13744, 13748, 13752, 13866, 13868, 13870, 13874, 13912, 13960, 13962, 15021 to 15024, 15025, 15026, 15028, 15030 to 15044, 15068, 15069, 15071 to 15078, 15097, 15098, 15099, 15145, 15146, 18349, RAJAN 18350, 18363 and 18410 of 2014, which were ordered to be 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -2- heard with these appeals. As a similar order rendered by the labour court was assailed in all these matters, civil writ petitions that were filed first and dismissed by the learned Single Judge vide order dated 03.12.2013, appellant - Union Territory Chandigarh is in appeal against the said order. Rest of the civil writ petitions that were filed subsequently, were ordered to be heard with the aforesaid appeals. That is how, we are seized of 5 LPAs and 262 CWPs. Facts involved in these appeals and civil writ petitions, being similar and the question that arises for determination being common, the same are being disposed of by a common order. Facts are being culled out from LPA No.891 of 2014.

A brief narration of facts that have led the parties to the present stage would be in order. Respondent No.2 (hereinafter referred to as 'the workman') filed an application under Section 33-C (2) of the Industrial Disputes Act, 1947 (for short, 'the 1947 Act'), for computation of benefit on account of difference of overtime in terms of money. It was averred that the workman was a permanent employee of the appellant (hereinafter referred to as 'the Management') and was employed as Conductor. As the Management is a Transport Undertaking, services of the workman were/are governed under the Motor Transport Workers Act, 1961 (for short, 'the 1961 Act'). Provisions of Section 26 of the 1961 RAJAN Act postulates that an adult transport worker is required to 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -3- work for eight hours a day and if he was to work for more than eight hours a day and on any day of rest, he shall be entitled to overtime wages at the rate of twice of his ordinary rate of wages. During the period w.e.f. 01.01.2006 to 30.06.2009, workman was paid wages in the pay scale of `3120-6200 and the overtime allowance was also calculated and paid accordingly. The pay scale of the workman was revised in the month of July, 2009 to `5910-20200 + 2400 Grade Pay + DA and was made effective w.e.f. 01.01.2006. Accordingly, the workman was paid arrears of difference of pay w.e.f. 01.01.2006 to 30.06.2009, on the basis of revised pay scale. Further, as wages of the workman were revised w.e.f. 01.01.2006 in the month of July, 2009 and he was being paid overtime wages w.e.f. July, 2009 as per the revised wages, he was also entitled to the difference in overtime wages on the basis of revised wages w.e.f. 01.01.2006 to 30.06.2009. Since July, 2009, workman and the employees' Union repeatedly represented to the Management to release the difference in overtime allowance but to no avail. Similar benefits were denied to the transport workers of Haryana Roadways, Chandigarh, pursuant to a revision of their wages in the year 1998 w.e.f. 01.01.1996. Their claims under Section 33-C (2) of the 1947 Act were accepted by the Tribunal and the Management was directed to pay the difference of RAJAN overtime wages for the period 01.01.1996 to 31.12.1997. 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -4- Civil Writ Petition No.15807 of 2008, preferred by the Management- Haryana Roadways Chandigarh, was dismissed vide order dated 05.03.2009 and even an appeal bearing LPA No.858 of 2009, preferred against the said order, was also dismissed on 23.03.2011. Thus, the claim.

In response, the Management disputed the claim of the workman. It was maintained that State Government of Punjab had revised the pay scales of their employees on the recommendation of the 5th Pay Commission, vide notification dated 27.05.2009 and the same was adopted by the Management, vide notification dated 11.06.2009. However, there was no recommendation qua revising the overtime allowance. The workman was getting overtime allowance in terms of the policy dated 17.01.2005 and, therefore, he was not entitled to difference of overtime allowance on unrevised and revised pay scales. Further, the workman had already drawn the overtime allowance for the period 01.01.2006 to 30.06.2009 and as the overtime allowance was not revised with the revision of pay, and it did not form part thereof, claim of the workman was misconceived. The overtime allowance could not be linked with the pay scale, as the same was paid on the basis of basic pay + DA. Still further, overtime allowance was not a part of pay, as defined under Rule 2.44 of CSR Volume I Part I. RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -5- By way of rejoinder, workman reiterated his claim and it was asserted that overtime wages were paid to him in terms of provisions of the 1961 Act and was linked to the wages drawn by the workman. Thus, claim of the workman qua overtime wages was his statutory right and not based on a policy decision of the Management. Overtime wages being linked with wages, as soon as there has been a revision in the wages with retrospective effect, the workman, as a natural consequence becomes entitled for re-calculation of his overtime wages.

On an analysis of the matter in issue, labour court observed that the overtime allowance was payable to the workman under the 1961 Act, as was so recorded in letter dated 21.02.2013 (Ex.M5). Further, overtime wages that were paid to the workman were double the normal wages per hour. Order dated 17.01.2005 (Ex.M2) passed by the General Manager only regulates the method of calculating the hours of overtime and Chapter 2 of Punjab Civil Services Rules, Volume-III deals with only the travelling allowance rules. Thus, it was concluded that overtime allowance was a part of pay of the employee and the contention of the Management that it was not so, as evident from Rule 2.44 of Punjab Civil Services Rules, Volume I Part I, could not defeat his right to claim overtime wages under the 1961 Act. Still further, it was RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -6- observed that the matter in issue was squarely covered by two decisions of this court reported as The General Manager, Haryana Roadways, Chandigarh Versus Azad Singh & Others, CWP No.15807 of 2008 decided on 05.03.2009 and Jugal Kishore Versus State of Haryana & Others, 2009(3) SCT 433 (P&H) (DB). It would be apposite to refer to the conclusion arrived at by the Industrial Tribunal & Labour Court in this regard and the same reads as thus:

"12. It is not disputed that over time allowance is paid to the employees under Motor Transport Workers' Act, 1961. This fact is recorded in letter dated 21.02.2013 Exhibit 'M5' relied upon by the respondent. Rate of over time is double that the normal wages per hour. Order dated 17.01.2005 Exhibit 'M2' passed by the General Manager, Chandigarh Transport Undertaking only regulates the method of calculating the hours of over time and Chapter 2 of Punjab Civil Services Rules, Volume-III deals with travelling allowance rules. In my view over time allowance is part of pay of the employee and contention of Learned Law Officer that the same is not covered by definition of 'Pay' under Rule 2.44 of Punjab Civil Services Rules, Volume-I Part-I, cannot defeat the rights of employees to receive the extra wages for work done in over time as per provisions of Motor Transport Workers' Act, 1961. Disputed right is statutory right of the applicant and in the given facts and circumstances, the applicants are entitled to recover the same under Section 33-C (2) of the ID Act. The applicants being regular employees are not RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -7- excluded from scope of Punjab Civil Services (Revised Pay) Rules, 2009 and Rule 2(2)(e) applies to person on contract basis only. It is accordingly concluded that present case is squarely covered by authorities The General Manager, Haryana Roadways, Chandigarh Versus Azad Singh & Others (supra) and Jugal Kishore Versus State of Haryana & Others (supra) relied upon by the applicants. The applicants are entitled to recover the amount claimed by them in main applications. All these issues are decided in favour of the applicants."

Accordingly, claim of the workman was accepted. Being aggrieved by the order dated 04.03.2013, rendered by the Industrial Tribunal & Labour Court, Management preferred Civil Writ Petitions No.26448, 26451, 26454 and 26470 of 2013. Learned Single Judge reviewed the matter in issue and observed that the entitlement of the workman to draw overtime wages was not disputed. It was also not disputed that the claim of the workman was covered by more than one decision of this court and the same were rightly relied upon by the labour court. It was also observed that during the course of hearing, the pointed attention of the learned counsel for the Management was drawn to para 8 of the award and she could not deny the factual aspect. So much so, a similar dispute was earlier decided by the labour court under Section 33-C (2) of the 1947 Act and the similar order was passed by the labour court vide LCA No.308 of 1999. And the said order was duly implemented by the State RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -8- of Punjab. In reference to a decision of a single bench of this court, which in turn was predicated on a decision of the division bench of this court in State of Haryana v. Anirudh and others [CWP-12530-2002], and another decision of a division bench of this court in Jugal Kishore v. State of Haryana (supra), learned Single Judge arrived at a conclusion that the labour court rightly held that the workman had a pre- existing claim and the same was also covered in his favour vide the aforesaid decisions. It would be expedient to refer to the analysis and the conclusion recorded by the learned Single Judge, at this juncture and the same read as thus:

"It is undisputed on record that the petitioner- management used to adopt the revised pay-scales of the State of Punjab. As and when the payscale of the employees of the State of Punjab used to be revised, the same would be adopted by the petitioner- management. When the genuine claim of the respondent-workman was not being accepted by the petitioner-management, he was left with no other option except to approach the learned Labour Court under Section 33-C (2) of the ID. Act. The claim was contested. The learned Labour Court has rightly come to the conclusion that the claim of the respondent-workman was squarely covered by the judgments of this Court. Having said that, this Court feels no hesitation to conclude that the learned Labour Court committed no error of law while passing the impugned order and the same deserves to be upheld.
So far as the judgment relied upon by the RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -9- learned counsel for the petitioner is concerned, there is no dispute about the law laid down therein. However, the said judgment has been found to be distinguishable on facts. In the present case, the entitlement of the respondent-workman has not been disputed as such. It is also not disputed that the claim of the respondent-workman was covered by more than one judgments of this Court, which have been rightly relied upon by the learned Labour Court while passing the impugned order. In this view of the matter, it is held that the learned Labour Court has rightly appreciated the true facts of the case and followed the judgments of this Court which squarely cover the issue in favour of the respondent-workman. Thus, the impugned order has not been found to be suffering from any illegality and the same deserves to be upheld.
Further, it is the settled principle of law that peculiar facts of each case are to be examined, considered and appreciated first, before applying any codified or judgemade law thereto. Sometimes, difference of one circumstance or additional fact can make the world of difference, as held by the Hon'ble Supreme Court in (Padmausundra Rao and another Vs. State of Tamil Nadu and others, 2002 (3) SCC 533).
During the course of hearing, when the pointed attention of the learned counsel for the petitioner was drawn to paras 8 and 9 of the impugned order, she could not deny the factual aspect. Similar controversy was earlier decided by the learned Labour Court under Section 33-C (2) of the I.D. Act and the similar order passed by the learned Labour Court vide LCA No.308 of 1999 was implemented by the State of Punjab. She could not differentiate the RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -10- present case on facts. Once it is so, the respondent- workman was definitely having a pre-existing claim which was being illegally denied to him by the petitioner-management.
Learned counsel for the petitioner could not point out any fault with the impugned order so far as it was based on the judgments rendered by this Court in CWP No. 15807 of 2008 (The General Manager, Haryana Roadways, Chandigarh v. Azad Singh and others), decided on 5.3.2009, which was in turn based on a Division Bench judgment dated 11.8.2003 of this Court passed in CWP No.12530 of 2002 (State of Haryana v. Anirudh and others). Another relevant Division Bench judgment of this Court was Jugal Kishore v. State of Haryana and others, 2009(3) SCT 433. Thus, the learned Labour Court rightly held that the respondent-workman was having a pre-existing claim and it was also covered in his favour vide above-said judgments of this Court."

Accordingly, writ petitions were dismissed in limine. As indicated above, we are seized of four appeals, arising out of the order dated 03.12.2013, passed by the learned Single Judge and the civil writ petitions, that were filed subsequently against the similar orders passed by the labour court, and were ordered to be heard with the Letter Patent Appeals.

We have heard the learned counsel for the parties and perused the records.

Learned counsel for the Management contends that RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -11- overtime allowance was not a part of pay. And as the overtime allowance was not revised with the revision of pay scales vide government notification dated 11.06.2009 w.e.f. 01.01.2006, claim of the workman qua difference of overtime wages on the basis of revised pay was wholly misconceived. In a nutshell, he submits that only the wages of the workman were revised and not the overtime allowance. He draws our attention to Rule 2.44 of CSR Volume I Part I to contend that definition of pay does not include any overtime allowance and, therefore, with the revision in pay, there could not be any automatic revision in the overtime allowance.

Per contra, learned counsel for the workman drew our attention to the provisions of Section 26 of the 1961 Act to contend that where an adult motor transport worker works for more than eight hours on any day or is required to work on any day of rest, he shall be entitled to the wages at the rate of twice of his ordinary wages in respect of the overtime work. He submits that for the period w.e.f. 01.01.2006 to 30.06.2009, the workman was drawing wages in the pay scale of Rs.3120- 6200 and was paid overtime wages in terms of the provisions of Section 26 of the 1961 Act. Further, pursuant to the revision of pay scales in July, 2009 w.e.f. 01.01.2006 to Rs.5910-20200 + 2400 Grade Pay + DA, the workman was paid arrears of difference of pay w.e.f. 01.01.2006 to June, RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -12- 2009, calculated on the basis of the revised pay scale. Still further, w.e.f. July, 2009, workman was being paid overtime wages on the revised pay scale in terms of the provisions of Section 26 of the 1961 Act. That being so, he contends that there could be no justification to deny the workman the difference of overtime wages on the basis of revised pay scale w.e.f. 01.01.2006 to June, 2009. He further maintains that overtime wages were very much a part of the wages being drawn by the workman under the 1961 Act. Reliance is placed upon a decision of a Single Bench and a Division Bench of this court that were relied upon even by the labour court and referred to by the learned Single Judge in his decision. Before we proceed further, we may point out that Division Bench judgment in Anirudh's case (supra) was assailed by way of SLP, before the Hon'ble Supreme Court and the same was dismissed, as it suffered from inordinate delay. However, the question of law was kept open.

On a due and thoughtful consideration of the matter in issue, we are of a firm view that the instant appeals and civil writ petitions are wholly devoid of merit and are liable to be dismissed, as is being demonstrated hereinafter. Concededly, the Management is a Transport Undertaking and services of the workman are governed by the 1961 Act. Provisions of Section 26 of the 1961 Act mandates that if an RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -13- adult motor transport worker works for more than eight hours of a day on any day or is required to work on any day of rest, he shall be entitled to wages at the rate of twice of his ordinary wages. It would be essential at this point in time to refer to the said provision, which reads as thus:

"26. Extra wages for overtime.--(1) Where an adult motor transport worker works for more than eight hours in any day in any case referred to in the first provision to section 13 or where he is required to work on any day of rest under sub-section (2) of section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of the overtime work or the work done on the day of rest, as the case may be. (2) Where an adult motor transport worker works for more than eight hours in any day in any case referred to in the second proviso to section 13, he shall be entitled to wages in respect of the overtime work at such rates as may be prescribed.
(3) Where an adolescent motor transport worker is required to work on any day of rest under sub-section (2) of sub-section 19, he shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of the work done on the day of rest.
(4) For the purposes of this section, "ordinary rate of wages" in relation to a motor transport worker means his basic wages plus dearness allowance."

This is also not disputed that for the period w.e.f. 01.01.2006 to 30.06.2009, workman was paid wages in pay RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -14- scale of Rs.3120-6200 and was also paid overtime wages, as were admissible to him in terms of the provisions of Section 26 of the 1961 Act. Ex facie, pay scales of the workman were revised in the month of July, 2009 w.e.f. 01.01.2006. Accordingly, arrears of difference of pay w.e.f. 01.01.2006 to June, 2009 were released to the workman on the basis of revised pay scale. Indisputably, w.e.f. July, 2009, the workman is being paid overtime wages on the basis of the revised pay in terms of the provisions of Section 26 of the 1961 Act. Thus, the short but a significant question that remains to be determined is that, as to whether the workman was/is entitled to claim difference of overtime wages on the basis of revised pay scale w.e.f. 01.01.2006 to 30.06.2009? To our mind, the answer is in affirmative. There is no dispute qua the entitlement of the workman to draw extra wages in respect of overtime work, in terms of the provisions of Section 26 of the 1961 Act. In fact, that indeed is his statutory right. The said provision clearly postulates that the workman shall be entitled to wages at twice the rate of his ordinary wages for the overtime work. Meaning thereby, the determining factor to award extra wages for overtime is the ordinary rate of wages that are being drawn by the workman. Concededly, the workman was paid overtime wages calculated on the basis of his wages in the pre-revised pay scale w.e.f. 01.01.2006 to RAJAN 30.06.2009. As his pay was revised in July 2009, but w.e.f. 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -15-

01.01.2006, he was paid arrears of difference of pay retrospectively i.e. w.e.f. 01.01.2006 to 30.06.2009, on the basis of revised pay. Quite naturally, he is being paid overtime wages on the basis of his revised wages w.e.f. July, 2009. Once that is so, since the wages were revised w.e.f. 01.01.2006, as a necessary corollary and an inevitable consequence, the workman shall also be entitled to the difference of overtime wages on the basis of revised wages w.e.f. 01.01.2006 to June, 2009. And on payment of arrears qua difference of wages w.e.f. 01.01.2006, the same shall have to be termed as wages drawn and earned by the workman and would thus, naturally be the basis to re-work out the extra wages for overtime. Or he shall automatically be entitled to the difference in overtime wages.

The matter in issue can be analyzed from yet another perspective. The provisions of Section 25 of 1961 Act stipulates that The Payment of Wages Act, 1936 (for short, 'the 1936 Act') shall apply to motor transport workers engaged in a motor transport undertaking as it applies to wages payable in an industrial establishment. It would be crucial at this point in time to refer to the said provision and the same reads as thus:

"25. Act 4 of 1936 to apply to payment of wages to motor transport workers.--The payment of Wages Act, 1936, as in force for the time being, shall apply RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -16- to motor transport workers engaged in a motor transport undertaking as it applies to wages payable in an industrial establishment as if the said Act had been extended to the payment of wages of such motor transport workers by a notification of the State Government under sub-section (5) of section I thereof, and as if a motor transport undertaking were and industrial establishment within the meaning of the said Act."

The term 'wages', as defined under section 2(l) of the 1961 Act, envisage the same meaning that is assigned to it in clause (vi) of section 2 of the 1936 Act and the same reads as thus:

"2(l) "wages" has the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936."

It would be equally crucial to refer to clause (vi) of section 2 of 1936 Act, which defines wages, and the same reads as thus:

"2(vi) "wages" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes -
(a) any remuneration payable under any award or settlement between the parties or order of a Court;
(b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -17- leave period."

Apparently, the wages defined under the 1936 Act, is inclusive of and takes within its sweep all remunerations and even includes a remuneration to which a person is entitled to in respect of overtime work. Meaning thereby, extra wages for overtime, as contemplated under Section 26 of the 1961 Act, are part of wages, drawn and earned by the workman. We are also reminded to point out at this juncture, that the 1961 Act does not contemplate any overtime allowance but extra wages for overtime which shall be at twice the rate of ordinary wages drawn by the workman. Thus, it is not an allowance, as is being urged by the learned counsel for the Management to say that it is not linked with the revision of wages. Thus, revision in his wages as a necessary consequence would result in revision in his overtime wages and he would be entitled to the difference thereof from the date his wages were so revised. Therefore, a reference being made by the learned counsel for the Management to Rule 2.44 of the Punjab Civil Services Rules Volume I Part I is wholly misconceived and misplaced. Not just that, provisions of Section 37 of 1961 Act suggest in no uncertain terms, that provisions of the said Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service. It would be significant to RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -18- refer to the said provision, and the same reads as thus:

"37. Effect of laws and agreements inconsistent with this Act - (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this Act.
Provided that, where under any such award, agreement, contract of service or otherwise a motor transport worker is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the motor transport worker shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act.
(2) Nothing contained in this Act shall be construed as precluding any motor transport worker from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act."

In the face of the afore-reproduced non-obstante provision, the argument being advanced by the learned counsel for the Management that the expression 'pay' as defined under Rule 2.44 of the Punjab Civil Services Rules Volume I Part I, completely pales into insignificance.

That being the position, there hardly exists any ground, least plausible in law, to interfere with the order RAJAN 2014.11.13 16:13 I attest to the accuracy and integrity of this document Chandigarh LPA No.891 of 2014(O&M) -19- dated 03.12.2013 rendered by the learned Single Judge as well as the order being assailed in these civil writ petitions. Therefore, the appeals as well as the civil writ petitions being wholly devoid of merit are, accordingly, dismissed with no order as to costs.

                               (SATISH KUMAR MITTAL)             (ARUN PALLI)
                                    JUDGE                            JUDGE

                  September 23, 2014
                  Rajan




RAJAN
2014.11.13 16:13
I attest to the accuracy and
integrity of this document
Chandigarh